The Calcutta High Court has directed that no firecrackers other than green crackers bearing QR Code would be sold in the Bazi-Bazar, proposed to be held in Kolkata from October 18.
The Division Bench of Justice Joymalya Bagchi and Justice Apurba Sinha Ray passed the order on a PIL praying that areas must be designated by the state, which are otherwise non-residential for burning firecrackers during the festivities.
R. N. Chakraborty, Counsel for the petitioner, submitted that the directions given by the Apex Court in Arjun Gopal & Ors vs Union of India & Ors have been flagrantly violated in the State of West Bengal. No mechanism has been formulated either by the West Bengal government or by the State Pollution Control Board for ensuring sale and bursting of green crackers only.
This has resulted in severe noise and air pollution in the city and other parts of the state in previous years. Hence, there should be a total ban on the sale of firecrackers in the state.
In view of the directions in Arjun Gopal & Ors. (Supra) and the subsequent order of the Apex Court in Goutam Roy and Another vs The State of West Bengal and Others parameters with regard to sale and bursting of firecrackers in the state of West Bengal are not in dispute.
What is agitated before the High Court is the mechanism for implementation of the directions of the Apex Court in the aforesaid decisions. While the petitioner has strenuously argued the restrictions on sale and bursting of crackers in the State is merely theoretical, the Counsel for Pollution Control Board and the State of West Bengal argued that the directions had been duly implemented in the past.
In Goutam Roy and Another (Supra), the Apex Court, while setting aside a direction on total ban of firecrackers, recorded the mechanism in place for ensuring the sale and bursting of green crackers.
Mechanism to determine which crackers can be treated as green crackers has already been spelt out by the Apex Court in Goutam Roy and Another (Supra). It shall be incumbent on the Pollution Control Board as well as the police authorities to ensure that there is no importation, sale or bursting of crackers other than the green crackers bearing QR Code as specified in Goutam Roy and Another (Supra) in the State of West Bengal , observed the Court.
In order to ensure the effective implementation of the aforesaid directions, the High Court directed the Pollution Control Board and the State of West Bengal to take appropriate measures including the following:-
“a) No firecrackers other than green crackers bearing QR Code would be sold in the Bazi-Bazar which is proposed to be held in Kolkata on and from 18.10.2022.
b) State Pollution Control Board as well as the Commissioner of Police, Kolkata shall deploy appropriate number of personnel in the Bazi Bazar to ensure implementation of the aforesaid direction.
c) The representatives of the State Pollution Control Board and the police personnel shall be at liberty to inspect the firecrackers which are sold at Bazi Bazar and the police personnel shall seize any banned firecrackers which are offered for sale in the bazar.
d) Representatives of PESO/NEERI shall also be present at the Bazi Bazar and assist the Pollution Control Board/ police personnel to determine whether the firecrackers which are offered for sale bearing the requisite QR Code;
e) Similar exercise shall be undertaken by Pollution Control Board and police authorities to prevent importation and sale of firecrackers other than green firecrackers bearing QR Code in any place in the State of West Bengal;
f) All necessary steps shall be taken by the police authorities/PCB Officials to ensure only green crackers are burst during the festive season strictly in compliance with the directions of the Pollution Control Board vide Memo No. 321-3L/WPBE(VI)/2020 dated 26.10.2021.
g) State Pollution Control Board and the State of West Bengal shall undertake public awareness measures including issuance of advertisements in newspapers, announcements on radio/ television/social media platforms etc. to spread awareness with regard to restrictions on sale and bursting of crackers during festive season and its beneficial impact on pollution and environment. It shall also make members of the public aware of the penal consequences arising from sale and bursting of banned crackers.”
These directions are illustrative in nature and shall be in addition to any other direction or measure taken/that may take by the Pollution Control Board and the State of West Bengal to ensure the sale and bursting of green crackers only in the State of West Bengal , the Court further directed.
The Bench said it “hopes and trusts that the festival of lights does not become a cause for concern, where the demon of pollution poisons our air and leads to irreparable damage to the health of the population at large”.